CITY OF WORCESTER

JOURNAL OF THE CITY COUNCIL

Tuesday, November 20, 2012

Esther Howland Chamber

Convened: 7:00 P.M.

Adjourned: 8:00 P.M.

Mayor
Joseph M. Petty

www.worcesterma.gov

City Manager
Michael V. O'Brien

City Auditor
James A. DelSignore

Councilors

Order - That the City Council of the City of Worcester hereby approves the minutes of the City Council meeting of October 30, 2012.

Hearing: NATIONAL GRID for a conduit location in: JAQUES AVE. Granting permission to NATIONAL GRID for a conduit location in: JAQUES AVE.

Hearing: NATIONAL GRID for conduit location in: RUGBY ST. Granting permission to NATIONAL GRID for conduit location in: RUGBY ST.

Hearing: NATIONAL GRID for a pole location: BELCOURT RD. Granting permission to NATIONAL GRID for a pole location: BELCOURT RD.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC for a joint pole location in: MILL ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for a joint pole location in: MILL ST.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC for a joint pole location in: LINCOLN ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC for a joint pole location in: LINCOLN ST.

Hearing: NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location in: PLANTATION ST. Granting permission to NATIONAL GRID & VERIZON NEW ENGLAND, INC. for a joint pole location in: PLANTATION ST.

COMMUNICATION of City Manager transmitting for City Council's review and information a copy of the Housing Market Study, as prepared by RKG Consultants, the Analysis of Impediments to Affordable Housing, as prepared by 12 Community Development Consulting, Inc. and a recommended Housing Strategy, as prepared by the Executive Office of Economic Development. (Tabled Under Privilege - O'Brien October 23, 2012) (Tabled Under Privilege - Eddy October 30, 2012) (Held - Petty November 13, 2012).

PROCLAMATION - Mayor Petty read a Proclamation declaring November 20th as Worcester Transgender Day of Remembrance 2012 and presented it to Jesse Pack, Peter Ringo, Lauren Gartenland and Jeffrey Mills.

Mayor Petty recognized the following people who spoke to items on the agenda: 1. Jo Hart, Worcester resident 2. Benito Vega, Worcester resident 3. Jim Magay, Business owner on Lincoln St. 4. Lon Beaudoin, Auburn resident 5. Jackie Norton, Worcester resident 6. Delia Vega, Worcester resident

Linda Barber request sidewalk repair in front of 57 Forest St.

Scott & Elaine Stromberg request street resurfacing of Rockdale St.

Mary Moran request installation of handicap parking space in front of 71 Grandview Ave.

Councilor Tony Economou on behalf of Kyriaki Shinas request installation of handicap parking space in front of 2 Ives St.

Councilor Sarai Rivera request the installation of crosswalk stings in the crosswalks in front of 1050/1060 Main Street.

Councilor Kathleen M. Toomey on behalf of Cecilia Mason request speed enforcement on Monticello Drive.

Councilor William J. Eddy on behalf of Tatnuck Square Business Community request the City Administration begin discussions with the utilities and construction crews that perform planned non-emergency work in the city streets to alleviate loss of business issues during repairs to areas in and around businesses.

Transmitting Auditor's Reports for June 2012 through September 2012.

FROM THE COMMITTEE ON MUNICIPAL OPERATIONS - Request City Manager request the City Solicitor report to the City Council concerning the topic of residence and the position of City Auditor as an elected employee of the City Council and in relation to those positions appointed by the City Manager.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager request the Commissioner of Public Works and Parks to review the existing pedestrian crossing signals at 1050-1060 Main Street and recommend an upgrade, including consideration of solar powered signals, all in the interest of public safety.

FROM THE COMMITTEE ON PUBLIC SAFETY - Request City Manager consider as a #1 priority, funding in the Fiscal Year 2014 City Budget for an additional twenty police officers and one animal control officer positions.

FROM THE COMMITTEE ON TRAFFIC AND PARKING - Request City Manager request the Police Chief to enforce the 5 foot driveway clearance setbacks at 42 Agate Avenue.

Request City Manager request the Commissioner of Public Works and Parks to review the parking situation on Holland Road to determine if signage still needs to be reviewed to ameliorate the parking issues. (Toomey)

Request Administration to report on the process for the location of state sanctioned medical marijuana distribution centers and the zoning, permitting, licensing, storage, security and production issues associated with the dispensing of medical marijuana. (Lukes)

Request City Manager to report on the history and chronology of the home rule ordinance and legislation regarding the role of the City Clerk in local elections. (Lukes)

Request City Manager request the Commissioner of the Department of Public Health to update the City Council concerning the number of opiate overdoses in the community and the impact of prescription drug use. (Rivera)

Request City Manager update the City Council concerning the progress addressing prostitution. (Rivera)

SEWER BETTERMENT ASSESSMENT: DIXFIELD STREET

#10a CC June 19, 2012 Communication of the City Auditor transmitting Auditor's Report for May 2012.

#13a CC July 17, 2012 Communication of Helen Friel, Ed.D., Assistant to the Superintendent/Clerk of School Committee, transmitting communication relative to the motion of School Committee Members Mr. O'Connell and Miss Biancheria requesting to coordinate with the City Council and the City Manager to schedule the school department budget hearings for fiscal year 2014 so that the School Committee will address its budget before the City Council conducts its own budget hearings.

#10.24A CM November 13, 2012 Communication of the City Manager transmitting informational communication relative to the Commonwealth's Revenue Shortfall for First Quarter of Fiscal Year 2013.

#11a CC November 13, 2012 Communication of the City Auditor transmitting a letter from the Department of Revenue certifying Free Cash in the general fund as of July 1, 2012 in the amount of $4,284,511, this amount is available for appropriation in fiscal 2013. Free Cash was also certified for the city's enterprise funds and is available in them for expenditure in fiscal 2013 as follows: Water $2,374,068 and Sewer $2,161,700.

REPORT OF THE COMMITTEE ON MUNICIPAL OPERATIONS Upon the Order Mayor Joseph Petty - Request Standing Committee on Municipal Operations commence the process for filling the anticipated vacancy in the position of City Auditor: recommending adoption of the accompanying Order recommending City Council consider the following candidates for election as City Auditor pursuant to the provisions of the Home Rule Charter, Article Two, Section 2-8 (b): Russell J. Bethoney, 715 Winter Street, Walpole, Massachusetts and Sean McGourty, 47 Lamplighter Drive, Shrewsbury, Massachusetts. (both resumes attached)

REPORT OF THE COMMITTEE ON PUBLIC SAFETY Upon the Petition of William Breault on behalf of the Main South Alliance for Public Safety, request the City Council request the City Manager work with the Police Chief and the Fire Chief to amend their departmental protocols to include the use of intra-nasal Narcan (Naloxone) when first responders treat individuals in a heroin overdose condition, a protocol currently being followed by UMass EMS Medical Services professionals: recommend Petition be referred to the City Manager and request the Police Chief, Fire Chief and Commissioner of the Department Public Health comment and recommend concerning intra-nasal Narcan.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Sarai Rivera request the installation of a crosswalk in Pleasant Street at the intersection with West St: recommend adoption of the accompanying Order.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Howard Veal request to installation of resident permit parking on both sides of the entire length of Maple Tree Lane: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Louise Houston, President of 9 - 9-1/2 Ames St. Condominium Trust, request resident permit parking for 9 Ames St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Michael Larkin request to remove resident parking on East Kendall St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Sandra Lee Garry request to rescind the resident permit parking on Malden Terrace: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Maria Beltre request to install resident permit parking on Sterling St., between Raymond St. and Fairfax Rd: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Daisy Zorrilla request installation of resident permit parking in front of 93 Providence St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Elizabeth VanOrden request resident permit parking on the Mars St. side of 22 Louise St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Cherylann Kemp et al request resident permit parking in the vicinity of 85 Harding St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Mufeed Faraj request to install resident permit parking in front of 137 Eastern Ave: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Norman Guertin et al request to install resident permit parking on Fay St. side of 281 Grafton St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Graciela Estremera request installation of resident permit parking on Fay St: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lori Taylor et al request a "no parking here to corner" sign to be placed at the north corner of Wayne Terrace: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Councilor Tony Economou request to install a stop sign at the intersection of Meola Ave. and Oakmont Rd: recommend Petition be placed on file.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Jaclyn Cawley request resident permit parking for Mars St: recommend Petitioner be given leave to withdraw.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Lauren Fletcher request Resident Permit Parking for one side of Haviland St. during Winter Parking Ban: recommend Petition be denied.

REPORT OF THE COMMITTEE ON TRAFFIC AND PARKING Upon the Petition of Rev. Ernestina Gakpo request No Parking for Sunday mornings in front of the church at 49 Lafayette St: recommend Petition be denied.

REPORT OF THE PLANNING BOARD Upon the Communication of the City Manager recommending approval of the alteration of public rights of way at Eaton Place and Mercantile Street within the CitySquare Development Project.

COMMUNICATION of David J. Rushford, City Clerk, transmitting information concerning the current composition of the Library Board of Directors and notice of upcoming vacancies effective January 1, 2013. (Tabled Under Privilege - Lukes November 13, 2012)

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support Senate Bill 610, an act protecting condominium owners filed by Senator Harriette Chandler and Senator Richard Moore. (Tabled - O'Brien July 19, 2011)

RESOLUTION of Mayor Joseph C. O'Brien - That the City Council of the City of Worcester hereby goes on record in support of the Administration’s efforts to negotiate the maximum hiring of local residents in Tax Increment Financing agreements and other tools used to attract business and to expand our tax base. (Tabled - O'Brien September 13, 2011)

COMMUNICATION of the City Manager transmitting informational communication relative to an update on the status of #5 May Street. (Tabled - O'Brien January 31, 2012)

COMMUNICATION of the City Clerk transmitting communication expanding upon the newspaper article regarding the human error factor which occurred in the city's recount. (Tabled - Lukes February 7, 2012)

COMMUNICATION of the City Manager transmitting Informational Communication Relative to Finance for Housing Developments within the City of Worcester. (Tabled - O'Brien February 28, 2012)

REPORT OF THE COMMITTEE ON ECONOMIC DEVELOPMENT Upon the Order of Councilor Konstantina B. Lukes - Request City Council support more diverse new housing development with an emphasis on market-rate housing with a maximum of 10% affordable units if there are going to any units available for development in the downtown Worcester area: recommend Order be placed on file. (Tabled - Lukes May 1, 2012)

PETITION of Ivan Machicote request a freeze to the residential construction project at a lot located at the intersection of Sophia Dr. & Lilac Lane to prevent a continuance of violations that are against the interest of neighboring property owners. (Tabled - Russell August 14, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to the First Circuit Court's Decision of the Upper Blackstone District's Appeal of the EPA's 2008 NPDES Permit. (Tabled - Lukes August 14, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to Out of State Residents Working on Local Projects and Not Meeting the State's Health Care Mandates. (Tabled Under Privilege - O'Brien August 14, 2012) (Tabled - Lukes September 4, 2012)

ORDER of Councilor Michael J. Germain - Request City Manager recommend to City Council an ordinance similar to the “Unruly Gathering Ordinance” in effect in Narragansett, Rhode Island in light of the fact that recent enforcement actions relied upon to control gatherings have not resulted in a permanent solution to the problems negatively affecting quality of life in our neighborhoods in close proximity to colleges. (Tabled Under Privilege - Germain September 4, 2012) (Tabled - Germain September 11, 2012)

COMMUNICATION of the City Manager transmitting informational communication relative to the Worcester Regional Research Bureau. (Tabled - Russell September 18, 2012)

Motion Petty @ #14a CC – That the City Council of the City of Worcester does hereby change the start time for the December 4, 2012 City Council meeting to 6:00 P.M. for the purpose of interviewing candidates for the City Auditor position, the election to the Library Board of Directors and holding the Tax Classification Hearing.

Motion Toomey @ #14a CC – Request City Manager report to City Council the avenues of advertisement that were utilized to solicit candidates for the position of City Auditor.

Motion Rushton @ #14a CC – Request City Manager request the Collins Center provide City Council with a complete background of candidates recommended for the City Auditor position.

Motion Rushton – Suspension of Rules – Request City Manager provide City Council with a report concerning the protocols used for permitting the food trucks next to the skating rink on the Common and include as to whether the permit is issued on a rotating basis or is it issued to one truck for the entire season.

Motion Lukes – Suspension of Rules – Request City Manager report to City Council an update concerning the bids for brewery equipment at Union Station.

PETITION – Councilor Tony Economou on behalf of Chet Morrison request to increase the timing for the green light as you leave Beverly Rd. onto Lincoln St.

PETITION – Councilor Tony Economou on behalf of Frank Pupillo request installation of a 4-way Stop Sign at Eunice Ave. and Fairhaven Rd.

Motion Economou – Suspension of Rules – Request City Manager provide City Council and the School Committee an update concerning the status of the Nelson Place Elementary School Building Plans and report when the committee of neighbors and leaders will be created and or announced.

Motion Russell – Suspension of Rules – Request City Manager provide a complete report concerning the brewery at Union Station including information relative to equipment, the cost involved for the build-out and alternatives.